TMI Blog2014 (1) TMI 1817X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. The FIR for the offence was dated 24.09.2009. This notification will obviously not apply to the case in hand as the alleged offence was committed in 2009, and retrospective effect will not apply in the case of criminal laws. Hence, there is no offence made out against the appellant and we cannot accept the reasoning of the High Court in the impugned judgment. We hereby hold that this section cannot be made applicable to the facts of the present case. The case of the appellant clearly falls under category (1) of the grounds of quashing of FIR mentioned in the case of Bhajan Lal (1990 (11) TMI 386 - SUPREME COURT). On the date of the offence, mobile phone was not listed as one of the prohibited articles under the Punjab Prison Manua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 42 and 45 (12) of the Prisons Act, 1894 (in short the Act ). The Chief Judicial Magistrate of Ferozepur charged him on 01.05.2010 under Sections 42 and 45 of the Act. The appellant approached the High Court of Punjab and Haryana by way of a petition under Section 482 of the Code of Criminal Procedure, 1973, praying that the FIR be quashed. The High Court of Punjab and Haryana by way of impugned judgment and final order dated 19.07.2013 dismissed the petition, and inter alia held that .the accused is at liberty to take all pleas available to him during the trial . 4. The High Court in its impugned order has interpreted Section 42 of the Act, and held that whoever communicates or attempts to communicate with any prisoner is liable for p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord. Two issues arise for our consideration: 1) Whether an offence is made out under Sections 42 and 45 (12) of the Prisons Act? 2) Whether the High Court was justified in rejecting the petition to quash the FIR? Answer to Point no.1 8. We have to examine Sections 42 and 45 of the Act in detail in order to understand the issue at hand. Section 45 of the Act provides for acts which are declared to be prison offences when committed by a prisoner. Clause (12) makes receiving, possessing or transferring any prohibited article a prison offence. 9. The appellant was not a prisoner at the date of the commission of the offence. He could thus, not have committed a prison offence as defined under Section 45 of the Act. Hence, no offe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purpose of smoking, chewing or snuffing, and all instruments and appliances whatsoever, which may be used for or in connection with smoking, chewing or snuffing, 3) All explosive, intoxicating or poisonous substances, and chemicals whether fluid or solid of whatever description. 4) All arms and weapons, and articles which are capable of being used as weapons of whatever description. 5) All bullion, metal, coin, jewellery, ornaments, currency notes, securities and articles of value of every description. 6) All books, paper and printed or written matter and materials and appliances for printing or writing of whatever description. 7) String, rope, chains and all materials, which are capable of being converted into string or ro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We hereby hold that this section cannot be made applicable to the facts of the present case. Answer to point no.2 12. It is our view that in light of the settled legal principles, the High Court has erred in dismissing the petition to quash the FIR. 13. Section 482 of the Code of Criminal Procedure reads as under :- 482. Saving of inherent powers of High Court: Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Under this Section, the High Court has the power to quash an FIR. This court in the case of State o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. [2] 14. These principles were further reiterated by a three judge bench of this Court in the case of Sunder Babu v. State of Tamil Nadu[(2009) 14 SCC 244 at para 7]. 15. The case o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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